Summary While returning to her home port of Tignish and transiting the shallow waters off North Cape in following rough and confused seas, the fishing vessel 3J'S'93(THE), which was laden with fish, capsized. One crew member reached the shore but the other drowned. The vessel drifted ashore, was later recovered and subsequently was declared a constructive total loss. Ce rapport est galement disponible en franais. Other Factual Information Description of Vessel The 3J'S '93(THE) was of open construction and the hull was divided into three main compartments. From forward they were: accommodation, wheel-house, and an open well-deck measuring 7.4 m x 3.7 m. The well-deck extended aft over the engine compartment, two water ballast tanks (port and starboard), one small fish-hold (athwartships), two fuel tanks (port and starboard) and a steering gear compartment. The deck had recently been painted with an anti-skid coating The well-deck, if filled, contains approximately 17 tonnes of water. Access to the wheel-house, which was stepped up from the well-deck, was via a full height sliding door that opened to port and rested against the aft end of the wheel-house. There were two 75 mm diameter scuppers which were threaded for receiving plugs, (one each to port and starboard) in the transom of the vessel. There was no scupper or freeing port forward of the transom. The water ballast tanks each held approximately 1,110 litres (L) of salt water and were topped up before leaving port. The fish-hold held approximately 270 kg of lobster and was about one-half full. The fuel tanks each held approximately 1,110 L of diesel and were about one-half full. The fuel tanks were interconnected such that they allowed the level in both tanks to equalize. Being less than 15 gross tons, the 3J'S '93(THE), was an uninspected vessel. Voyage The vessel departed Tignish, at approximately 0600[3] on Monday, 23 September 1996 for fishing grounds south-west of North Cape in the Northumberland Strait. Upon arrival at the fishing grounds after a passage of approximately 45 minutes, the crew assisted another fisherman with a net full of herring and received approximately two thousand pounds of the catch. This was stored in six plastic fish pans and three extractors and placed on the port aft corner of the well-deck but these were not secured. The plastic fish pans are 74 cm long, 40 cm wide and 30 cm high. The extractors are 89 cm long, 50 cm wide and 55 cm high. The pans were piled two high alongside the extractors and were neither lashed nor made fast to the vessel. The weather conditions deteriorated during the day but the vessel fished all 45 sets (5-7 traps per set) of lobster traps before heading for port at approximately 1600. The normal procedure is to off-load the lobster to a designated vessel called a smack Boat, but the weather was too rough for this operation. Hence, the catch was stored in fish pans in the small fish-hold. Upon departing the fishing grounds, the 3J'S '93(THE) initially steered a north-easterly course, gradually changing to the east, passing between North Cape and the North Cape Reef light and whistle buoy BY positioned about 1.5 miles offshore, and finally, due south for Tignish. The seas were rough and confused in shallow water of 5-8 fathoms. Some of the other fishing vessels headed for the same port were seven to eight miles north of the 3J'S'93(THE) in water depths of 13-18 fathoms. A following sea broke over the vessel's port quarter and partially filled the well-deck. Some water carried through into the wheel-house via the sliding door which was open at the time. The operator pulled the throttle back to idle and the vessel listed heavily to starboard. The forward end of the vessel became submerged and she continued the roll to starboard, finally capsizing with the two crew still inside the wheel-house. After the vessel capsized, an air pocket was formed at the deck of the wheel-house. Following discussions, the two men withdrew, without their life jackets, through the sliding door to the well-deck. There they discovered another air pocket. They ducked under the gunwale and were then free of the vessel. The deck-hand removed his rubber boots and oilskin jacket. He yelled at the owner/operator, who appeared to be in shock, to get rid of his boots and accompany the deck-hand to a wooden rack that had floated clear of the vessel. The operator refused, and except for a couple of brief glimpses of him treading water, the deck-hand did not see the operator alive again. The deck-hand climbed onto the wooden rack, cleared it of a fishing net, and attempted to return to the vessel but was unsuccessful. He drifted to shore, at approximately 1835, and was rescued by Department of Fisheries and Oceans (DFO) officers and individuals who had gathered in the vicinity; the individuals had been alerted earlier by DFO officers. The deck-hand had spent approximately two hours in the water and was suffering from mild hypothermia. He was taken to hospital, where he was examined and later released. The 18 gross-ton, 11.5 m-long, fisheries patrol boat W. FERGUSON sailed from Alberton, P.E.I. at approximately 1300 and returned to port within the hour. The decision to return was based on the fact that the prevailing weather conditions were considered unfit, and the forecast outlook for the coming hours indicated further deterioration. Thus, the two DFO officers used the DFO vehicle and were on shore patrol at the time of the accident. At approximately 1730, they observed some debris in the water and a boat barely above the water. They proceeded to Sea Cow Pond, some five minutes away, to seek assistance for the distressed vessel. A two-way internal radio with access to the cellular network was provided to meet their communication needs and was used to contact the DFO office at Alberton, P.E.I. The main function of these DFO officials was surveillance, protection and enforcement of resource stocks. Weather The weather experienced by the vessel was consistent with the marine weather forecast for the area and the forecasts had been monitored by the crew. The 0530 weather forecast for the area for the day issued by Environment Canada, Maritimes Weather Centre was for winds from the north-east at 15 knots, increasing to north-east 20-25 knots in the afternoon. The visibility was forecast as being good to fair in occasional showers. A Gale Warning was issued at 1130 and the forecast was for 35-knot north-east gales that evening. The adverse effect of waves in shallow waters is explained in the Gulf of Saint-Lawrence Marine Weather Guide published by Environment Canada. Further, the weather forecast also cautioned mariners that heights of waves may differ significantly in coastal waters and in depths less than 50 m. The surface water temperature was 12-13 degrees centigrade which would give a predicted survival time of under three hours[4]. Experience and Training The crew held no formal marine qualifications nor were they required to do so by regulations. The operator had more than twenty year's fishing experience and the deck-hand approximately thirteen years. The two men had fished together for approximately seven seasons. However, they had neither discussed nor formulated an emergency plan. Decision to Fish Fishing was reportedly good and the vessel, together with other fishing vessels in the area, continued to fish despite the deteriorating weather conditions. The lobster season was short. Life-Saving Equipment The vessel's life-saving equipment included life jackets for the complement on board. Ref: CSA s75, SMALL FISHING VESSEL INSPECTION REGULATIONS. Part II [FISHING VESSELS NOT EXCEEDING 15 TONS, GROSS TONNAGE]. There is no requirement for the carriage of either any approved boat, or an inflatable liferaft, or any life-saving equipment which can be used as a work attire or an Emergency Position Indicating Radio Beacon (EPIRB) and none was on board; however, this does not preclude or prevent the voluntary carriage or use of such items. Search and Rescue The DFO office at Alberton informed Rescue Coordination Centre (RCC) Halifax of the overturned fishing vessel at 1739. A MAYDAY RELAY was broadcast by the Marine Communications and Traffic Services (MCTS) centre at Sydney but no response was received. RCC then tasked the primary Search and Rescue (SAR) helicopter from Greenwood, N.S. at 1748, which was airborne at 1857 and arrived on scene at 2025. At 1755, a Hercules fixed-wing aircraft was tasked, which was airborne at 1911 and arrived on scene at 1946. At 1816, the F.V. SEA SNAPPER reported to RCC that she was unable to assist due to the prevailing adverse weather conditions. At 1900, RCC contacted Regional Operations Centre (ROC) Maritimes to request a phone number for a DFO officer in P.E.I. RCC informed ROC that the request was in relation to an incident off North Point, P.E.I. but no details were provided nor was a request for additional information made by ROC. Meanwhile reportedly, unknown to RCC, a Canadian Coast Guard (CCG) helicopter which is stationed at Charlottetown, had returned to its base at 1720 and the helicopter crew were at the hangar until 1800. The helicopter is restricted to daytime flying and is not provided with a winching device, or a means to rescue a person from either the water or the deck of a ship; however, it is capable of dropping a liferaft or a life jacket to a person in the water. The helicopter was positioned some 25 minutes flying time away from North Cape; the sunset was at 1908 and the helicopter would have been required to land by 1938. Investigation revealed that RCC Halifax is informed of CCG helicopters' operational status/ flight plan/ itinerary[5]. According to the ROC Maritimes, each morning RCC Halifax receives a copy of the operational status as well as the flight plan/itinerary (as appropriate) of CCG helicopters operating in the region. The 23 September morning report to RCC Halifax conveyed the operational status of the CCG helicopters. Despite this, RCC maintain that they were not informed of, and were unaware of the CCG helicopter's return to base or of its availability for SAR. Any SAR unit, be it primary, secondary or units of opportunity may be considered in the tasking during SAR operations; time being of the essence[6]. In this instance, the primary air units were considered and tasked but the secondary unit, the CCG helicopter, was not considered. An open communications line existed between RCC, ROC and other interested SAR parties up until March 1993. This link known as SARCOM enabled the RCC, ROC, Marine Rescue Sub-Centre (MRSC), and, MCTS among others, to be immediately aware of a possible emergency and also to be advised of RCC's response to the situation as it developed. SARCOM was discontinued on the east coast but still remains active on the west coast of Canada, where it is considered a definite asset. The United States of America also maintains a similar system known as SARTEL. Action Taken Following the occurrence, ROC and RCC have initiated action to increase cooperation and communication, and are evaluating an open line communication system similar to SARCOM as a suitable replacement. The TSB is not aware of the implementation of such a system at this time.